16/4/2020
Press Release No: Individual Application 28/20
Press Release concerning the Decision Finding Inadmissible the Application regarding the Dismissal of the Challenge against a Traffic Ticket
On 27 February 2020, the First Section of the Constitutional Court found inadmissible the alleged violation of the right of access to a court for its lacking constitutional and personal significance in the individual application lodged by Erenkum İnş. Taah. Nak. Gıda Tur. San. ve Tic. Ltd. Şti. (no. 2017/6462).
The Facts
A traffic ticket issued in respect of the applicant company (“the applicant”), in the amount of 1,278 Turkish liras (TRY), was communicated to the applicant on 3 October 2013. Thereupon, the applicant challenged the impugned fine on 21 October 2013. The magistrate judge dismissed the applicant’s request on the ground that it had been filed outside the fifteen-day time limit.
The Applicant’s Allegations
The applicant maintained that its right of access to a court had been violated due to the dismissal of its challenge against the traffic ticket as being time-barred.
The Court’s Assessment
The alleged violation of the applicant’s right of access to a court for its failure to challenge the administrative fine within the prescribed time-limit has been examined from the standpoint of the criterion of being devoid of constitutional and personal significance, which is one of the admissibility criteria.
Accordingly, it has been concluded that the present application does not point to a general problem regarding the right of access to a court about which the Court has a clear case-law that is frequently applied, nor is it important for the implementation and interpretation of the Constitution or for the determination of the scope and limits of fundamental rights.
In the present case, the applicant failed to demonstrate how the dismissal of its challenge against the administrative fine seriously caused harm to it, as well as it made no explanation as to the significance of the administrative fine in question. Therefore, it has been concluded that the applicant did not suffer a significant damage in this respect.
Consequently, the Court has declared inadmissible the present application for its lacking constitutional and personal significance.
This press release prepared by the General Secretariat intends to inform the public and has no binding effect.
